Chapter 32 — CITY DEPARTMENTS

There are hereby created the following departments:

• (A) City Manager Department;

• (B) Office of the City Clerk;

• (C) Community Services Department;

• (D) Development Services Department;

• (E) Finance Department;

• (F) Fire Department;

• (G) Human Resources Department;

• (H) Police Department; and

• (I) Public Works Department.

• (Ord. 919-C.S., passed 9-7-21)

CITY MANAGER DEPARTMENT

A City Manager's Department is created, which will be under the direct control and management of the City Manager and consist of the City Manager and any other employees who the City Manager may assign to the department. The City Manager has the authority within any office or department under their control, to organize divisions, bureaus, or other operating units, in addition to those prescribed by the Charter or by ordinance, and may assign work to them, as may be necessary or convenient for the proper conduct of the work of the office or department. The Manager may assign to any office, department, division, or bureau, duties in addition to those assigned by ordinance.

(Ord. 919-C.S., passed 9-7-21)

Pursuant to the provisions of City Charter, § 602, the City Manager is empowered and authorized to perform the duties imposed by law upon the City Treasurer and is further authorized and empowered to deputize the Finance Director and any other officers and employees of the city to act for them in matters required to be performed by the City Treasurer to the extent permitted by law. Any reference to a specific employee in this code may be interpreted to mean the City Manager or their designee. (Ord. 919-C.S., passed 9-7-21)

(A) The Division of Information Technology is responsible for providing information technology services to all city departments and contract agencies.

• (B) The Chief Information Officer is the administrative head of the division and is appointed by the City Manager.

(C) The Information Technology Division, under the direction of the Chief Information Officer, is responsible for performing those duties and functions assigned and directed by the Chief Information Officer, including developing and maintaining the city's information technology infrastructure to support city operations, managing procurement and contracts for information technology equipment, services, wireless technology and communications systems, developing and managing enterprise applications and other information technology related projects to address specific department needs and operations, and implementing information technology standards and cyber security requirements.

(Ord. 919-C.S., passed 9-7-21)

(A) The Economic Development Division is responsible for Economic Development within the City of Eureka and works with all departments and agencies in the city.

(B) The Economic Development Division Manager is the administrative head of the division and is appointed by the City Manager.

(C) The Manager is responsible for any activity that enhances the factors of productive capacity, such as land, labor, capital, and technology, of the local economy. "Economic development" includes policies and programs expressly directed at improving the business climate in business finance, marketing, neighborhood development, small business development, business retention and expansion, technology transfer, and real estate redevelopment.

(Ord. 919-C.S., passed 9-7-21)

OFFICE OF THE CITY CLERK

(A) The office of the City Clerk is established as provided by City Charter, § 609. The City Clerk will have all of the powers, duties, and responsibilities granted to and imposed upon the office of the City Clerk by the provisions of chapter 2, part 3, division 3, title 4 of the Government Code of the state, other general laws of the state, the provisions of this code, and the ordinances and resolutions of the City Council. The City Clerk administers the office of City Clerk and is responsible for the performance of its functions.

(B) Among other duties the City Clerk will:

(1) Attend all meetings of the council and be responsible for recording and maintaining a record of all actions of Council;

(2) Promptly after each Council meeting where business is transacted, cause a copy of the draft minutes thereof to be placed on a Council agenda for approval. The City Clerk maintains a record of Council minutes, with a record of each particular item of business transacted; provided however, that the City Clerk is only required to record business that was acted upon by vote of Council, and is not required to record or summarize the remarks of any Council member, or any other person, except at the special request of a Council member;

(3) Keep all ordinances and resolutions and other official records of the Council in such a manner that the information contained therein will be readily accessible and open to the public;

(4) Keep all records of the Council and of the office of the City Clerk in such a manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original thereof destroyed, in accordance with state laws;

(5) Be the custodian of the Seal of the City of Eureka;

(6) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the city, and certify copies of the official records;

• (7) Act as the city's Election Official;

• (8) Be responsible for the maintenance of the municipal code; and

(9) Obtain and maintain a Notary Public Commission from the State of California.

(Ord. 919-C.S., passed 9-7-21)

COMMUNITY SERVICES DEPARTMENT

There is established in the administrative organization of the city the Community Services Department, which will be headed by the Community Services Director and consist of such other personnel as may be authorized by the City Manager and approved by the City Council.

(Ord. 919-C.S., passed 9-7-21)

(A) Administrative policies and procedures.

(1) Performance of duties. The Community Services Director performs all duties required of their office by state law, the Charter of the city, this subchapter, and other ordinances of the city and such other duties not in conflict therewith as may be required by the City Manager.

(2) Responsibility to City Manager. The Community Services Director is immediately responsible to the City Manager for the administration of his or her department and all activities assigned thereto. Subject to approval of the City Council, the City Manager may contract with a third party to provide such services for the city.

(3) Sound practices. The Community Services Director keeps informed as to the latest and best practices in their field and with the approval of the City Manager inaugurates new practices that appear to be of benefit to the administrative organization of the city and to the public.

(4) Authority over employees. The Community Services Director will have power, when authorized by the City Manager, to appoint and remove, subject to the merit principle of personnel administration as provided for in the Charter of the city, and according to the city's adopted personnel policies, all subordinates under them.

(5) Records. The Community Services Director will establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper control of the activities of the Community Services Department.

(B) Duties.

(1) It is the management duty of the Community Services Director to be responsible for all parks and recreation activities and all matters relating to the maintenance and operations of city facilities, including open spaces, trails, zoo, parks and harbor; and

(2) To serve as executive secretary and chief advisor to the Open Space, Parks and Recreation Commission. (Ord. 919-C.S., passed 9-7-21)

(A) Services.

(1) Parks and Recreation. Develop and operate a comprehensive municipal open space, parks, and recreation program and manage it in the interests of encouraging participation by individuals of all age groups, and by organizations, both public and private. Work with the Open Space, Parks and Recreation Commission in all matters pertaining to public relations, make recommendations to the City Council or the City Manager with respect to financing and operations of environmental programs, city facilities, zoo, parks, recreation and harbor activities. Administer the rules, regulations, and policies of the City Council pertaining to the Community Services Department.

(B) Operations.

(1) Building and facilities maintenance. Maintain and supervise the maintenance and upkeep of all city-owned public buildings and city facilities not specifically operated by another department of the city. (Ord. 919-C.S., passed 9-7-21)

DEVELOPMENT SERVICES DEPARTMENT

There is established in the administrative organization of the city the Development Services Department, which includes planning and building functions, will be headed by the Development Services Director, and will consist of such other personnel as may be authorized by the City Manager and approved by the City Council. (Ord. 919-C.S., passed 9-7-21)

• (A) Administrative policies and procedures.

(1) Performance of duties. The Development Services Director performs all duties required of their office by state law, the Charter of the city, this subchapter, other ordinances of the city and such other duties not in conflict therewith as may be required by the City Manager.

(2) Responsibility to City Manager. The Development Services Director is immediately responsible to the City Manager for the effective administration of their Department and all activities assigned thereto.

• (3) Sound practices. The Development Services Director will keep informed as to the latest and best practices in his or her

particular field and inaugurate, with the approval of the City Manager, such new practices as appear to be of benefit to the administrative organization of the city and to the public.

(4) Authority over employees. The Development Services Director has the power, when authorized by the City Manager, to appoint and remove, subject to the merit principle of personnel administration as provided for in the Charter of the city and the city's adopted personnel policies, all subordinates under them.

(5) Cooperation with other departments. The Development Services Director will furnish, upon the direction of the City Manager, any other department of the city such services within the scope of the department to better the development of the city and the performance of city government.

(6) Records. The Development Services Director will establish and maintain a system of filing and indexing for records and reports belonging to the city pertaining to the activities and work of the Department in sufficient detail to furnish all information necessary for the proper administration of the department.

• (B) Duties.

• (1) The Development Services Director or their designee oversees the Planning Division.

• (2) The Development Services Director oversees the Building Division.

(3) The Development Services Director or their designee will serve as executive secretary and chief advisor to the Planning Commission, Historic Preservation Commission, Design Review Committee, and Board of Building Appeals.

• (C) Responsibilities of Department. It is the responsibility of the department to:

• (1) Administer and interpret the planning and zoning regulations of the city;

• (2) Administer and interpret the Local Coastal Program of the city;

• (3) Administer and interpret the building regulations of the city and the state;

(4) Be responsible for the preparation of a comprehensive long-term general plan for the physical development of the city and of any land outside the boundaries of the city which may be related to its planning. That plan may be referred to as the general plan and be officially certified as the general plan upon its adoption by the Planning Commission and City Council;

(5) Prepare, review, and be responsible for environmental documents for private and public developments;

(6) Prepare, administer, and direct conservation and rehabilitation activities as directed by the City Manager and approved by the Council;

(7) Upon approval by the City Manager, consult with and advise public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens generally with relation to the activities assigned to the department; (8) Coordinate and guide programs related to environmental and climate concerns.

(Ord. 919-C.S., passed 9-7-21)

(A) Administrative policies and procedures.

(1) Performance of duties. The Building Official performs all duties required of office by state law, the Charter of the city, this subchapter, and ordinances of the city and such other duties not in conflict therewith as may be required by the Development Services Director and/or City Manager. The Building Official administers, interprets, and enforces the building regulations of the city in an impartial, consistent manner, without prejudice or favor.

(2) Responsibility. The Building Official is responsible to the Development Services Director or in their absence the City Manager and will be responsible for the effective administration of the division and all activities assigned to it. (Ord. 919-C.S., passed 9-7-21)

FINANCE DEPARTMENT

There is established in the administrative organization of the city the Finance Department to be headed by the Finance Director and to consist of such other personnel as may be authorized by the City Manager and approved by the City Council. (Ord. 919-C.S., passed 9-7-21)

(A) Administrative policies and procedures.

(1) Performance of duties. The Finance Director will perform all duties required of their office by state law, the Charter of the city, this subchapter, and ordinances of the city and such other duties not in conflict therewith as may be required by the City Manager.

(2) Responsibility to City Manager. The Finance Director will be immediately responsible to the City Manager for the effective administration of their Department and all activities assigned thereto.

(3) Sound practices. The Finance Director will keep informed as to the latest and best practices in his/her particular field and will inaugurate, with the approval of the City Manager, new practices that appear to be of benefit to the administrative organization of the city and to the public.

(4) Reports to City Manager. The Finance Director submits monthly and annual reports of the activities of the Finance Department to the City Manager and such other reports as the City Manager may request.

(5) Records. The Finance Director will establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper control of the activities of the Finance Department and to form a basis for the periodic reports to the City Manager.

(6) Authority over employees. The Finance Director has the power, when authorized by the City Manager, to appoint and remove, subject to the merit principle of personnel administration as provided for in the Charter of the city and the personnel policies of the city, all subordinates under them.

(7) Cooperation with other departments. The Finance Director will furnish, upon the direction of the City Manager, to any other department of the city such services, labor, and materials as may be requisitioned by the head of such other department and as the facilities of the Finance Department permit through the same procedure and subject to the same audit and control as other expenditures are incurred.

(B) Duties. In all cases where the duty is not expressly charged to any other department or office of the city, it is the duty of the Finance Director to act to promote, secure, and preserve the financial and property interests of the city. In addition, the Finance Director will have the following specific duties:

(1) Fiscal supervision over officers. To exercise general supervision over all officers of the city regarding the proper management of the fiscal concerns of their respective offices, including:

(a) The examination of the books of each department of the city from time to time to see that they are kept in proper form; and

(b) Making certain that officers of the city receiving money pay the same into the City Treasury when thereto required, that all necessary financial reports are made by officers of the city, and the reporting of all delinquencies in such payments or reports to the City Manager.

(2) Duty upon default of officers. To report the default of any officer of the city to the City Manager, who will direct the City Attorney to take immediate legal measures for the recovery of the amount for which such officer may be in default;

(3) Responsibility for proceeds of bonds. To deposit the proceeds of all sales of bonds with the City Treasurer immediately after receiving the same and, until such deposit, to be responsible for the amount thereof;

(4) Payment of money from special trust funds. To pay to persons duly entitled thereto, on warrant of the Finance Director, without appropriation by the Council, any money paid into the City Treasury pursuant to condemnation proceedings or for the redemption of property sold for taxes or rising from special assessments for public improvements, park fund certificates, condemnation fund certificates, and all special trust funds;

(5) Accounts of receipts and expenditures. To keep in proper books a full and accurate account of all money received and disbursed by them on behalf of the city, specifying the time of receipt and disbursement, from whom received and to whom disbursed, and on what account received and disbursed and how paid;

(6) Payment of city employees. To pay city employees upon presentation of the properly certified payroll;

(7) Collect moneys and fees due. To demand and receive all moneys and fees owing to the city whenever any person is indebted to the city in any manner when the means of collection of such debt are not otherwise provided for by law, and when any claim cannot be collected by other methods, to report the same to the City Attorney for prosecution;

(8) Audit accounts. To examine and audit the accounts of all officers and departments subject to the approval of the City Manager;

(9) Prescribe forms. To prescribe the form of accounts and reports to be rendered by them;

(10) Budget estimates. To prepare estimates of revenue and give such other assistance in the preparation of the budget as may be required by the City Manager;

(11) Financial statements. To transmit to the City Manager at least semi-monthly audited statements of cash on hand and of classified unencumbered appropriation balances for the city as a whole and such other financial statements as the City Manager may from time to time require and to keep all departments, boards, commissions, and institutions currently informed of their classified unencumbered appropriation balances;

(12) Keep accounts. To keep all general accounts of the city government and of the respective departments, offices, boards, commissions, and institutions thereof;

(13) Purchasing agent. To act as purchasing agent for the city and for all offices, boards, and commissions if so directed by the City Manager;

(14) Annual inventory. To organize and supervise an annual inventory of all personal property owned or possessed by the city and to organize and supervise the accounting for supplies and materials;

(C) Official bond. The Finance Director will give and execute in favor of the city, as beneficiary, a surety bond in the sum of $100,000 for the faithful performance of the duties of his office and to account to the city for all sums of money coming into his or her hands or under his or her control during his service. The premium on such official bond will be paid by the city. (Ord. 919-C.S., passed 9-7-21)

FIRE DEPARTMENT

Under the administration of the City Manager, the Fire Department is created and established. The Fire Chief, subject to the approval of the City Manager, will organize and maintain such divisions in the Department as in his or her judgment the operations may require, and be responsible for the direction and control of all functions assigned to the Department. In the event that the city is without fire protection services or wishes to engage a third party, the City Manager may, subject to the approval of the City Council, establish a fire department or contract with a third party to provide fire protection services for the city. (Ord. 919-C.S., passed 9-7-21)

The Fire Department or contracted agency will be responsible for all fire protection services within the city including:

(A) To protect life and property by preventing and eliminating fire hazards and by controlling and extinguishing fires;

(B) To enforce laws and ordinances relating to the prevention and extinguishing of fires and the handling of potentially dangerous combustibles and explosives and to investigate and report to law enforcement officials all cases when there is reason to believe that any fire is the result of a crime or that a crime has been committed in connection therewith;

(C) To maintain in efficient and operable condition, fire fighting and fire prevention systems and facilities;

(D) To train such volunteers and auxiliary personnel as may be reasonably required to augment regular operations; and

(E) To perform such other duties as the City Manager may direct or request through agreement.

(Ord. 919-C.S., passed 9-7-21)

In the event of the absence or disability of the Fire Chief, the City Manager can designate an individual to perform the duties and exercise the powers of the Fire Chief.

(Ord. 919-C.S., passed 9-7-21)

No person other than authorized members of the Fire Department will wear any part or portion of the approved uniform or accouterments prescribed for members of the Department.

(Ord. 919-C.S., passed 9-7-21)

HUMAN RESOURCES DEPARTMENT

There is established the Human Resources Department. This Department consists of the Human Resources Director and such other employees as may be provided for by the Council. Whenever this Code or ordinances or resolutions of the Council use the term "Human Resources Director or Personnel Director," this term will mean and refer to the Human Resources Director. (Ord. 919-C.S., passed 9-7-21)

The City Manager is the ex officio Personnel Director. The City Manager may delegate any of the powers and duties conferred upon them as Personnel Director pursuant to the provisions of this subchapter to the Human Resources Director. The City Manager will:

(A) Attend all meetings of the Personnel Board and serve as its secretary. If the City Manager appoints another person to the position of Human Resources Director, the Human Resources Director will attend the meetings of the Personnel Board;

(B) Administer all the provisions of this subchapter and of the Personnel Rules and Regulations not specifically reserved to the Council or to the Personnel Board;

(C) Prepare and recommend to the Council revisions and amendments to the Personnel Rules and Regulations. The City Attorney will approve the legality of such revisions and amendments prior to their submission to the Council;

(D) Prepare a position classification plan, including new class specifications and revisions of the plan. The plan, new classifications, and any major revisions to the plan, become effective upon approval by the Council. Minor revisions to individual class specifications that do not change the character or the salary of the class may be made by the Human Resources Director. The plan follows those guidelines set forth in the personnel rules and regulations; and

(E) Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service as described in the Personnel Rules and Regulations. The plan, and any revisions thereof, become effective upon approval by the Council. (Ord. 919-C.S., passed 9-7-21)

POLICE DEPARTMENT

Under the administrative direction of the City Manager, the Police Department is created and established. The Chief of Police, subject to the approval of the City Manager, organizes and maintains such divisions in the Department as in his or her judgment the operations may require, and is responsible for the direction and control of all functions assigned to the Department. (Ord. 919-C.S., passed 9-7-21)

In the event of the extended absence or disability of the Chief of Police, the City Manager can designate an individual to perform the duties and exercise the powers of the Chief of Police. (Ord. 919-C.S., passed 9-7-21)

The Police Department is responsible for all law enforcement services within the city including:

• (A) To prevent crime and maintain law and order in the city by enforcing the laws of the United States, the state, and city except where enforcement is by law vested in another office or officer;

• (B) To maintain in efficient operable condition, crime prevention and law enforcement systems and facilities;

• (C) To train such volunteers and reserve personnel as may reasonably be required to augment regular full-time manpower;

• (D) Maintenance, safekeeping and proper disposition of evidence and property;

• (E) Administration, operation and direction of the City Communications Center;

• (F) Administration, operation and direction of city animal control duties;

• (G) To perform such other duties as the City Manager may direct.

• (Ord. 919-C.S., passed 9-7-21)

No person other than authorized members of the Police Department may wear any part or portion of the approved uniform or accouterments prescribed for members of the Department.

(Ord. 919-C.S., passed 9-7-21)

(A) Any person, corporation, firm or organization desiring additional personnel, equipment or materials of the Police Department, for law enforcement purposes within the city, may request the Chief of the Police Department provide such personnel for such services in the number the Chief determines to be necessary to perform the services. These additional police services are over and above and are in addition to the basic police services funded by general fund resources of the city.

(B) Payment for services. The person, corporation, firm or organization desiring such services will pay to the Police Department such sums of money as may be necessary to pay for the additional services. The payment will be calculated using the annual fee schedule adopted by the City of Eureka.

(Ord. 919-C.S., passed 9-7-21)

PUBLIC WORKS DEPARTMENT

There is established in the administrative organization of the city the Public Works Department. (Ord. 919-C.S., passed 9-7-21)

(A) Administrative policies and procedures.

(1) Performance of duties. The Public Works Director performs all duties required of their office by state law, the Charter of the city, this subchapter, and other ordinances of the city along with other duties not in conflict therewith that may be required by the City Manager.

(2) Responsibility to City Manager. The Public Works Director is immediately responsible to the City Manager for the effective administration of his or her department and all activities assigned thereto.

(3) Sound practices. The Public Works Director will keep informed as to the latest and best practices in their particular field and inaugurate, with the approval of the City Manager, such new practices as appear to be of benefit to the administrative organization of the city and to the public.

(4) Authority over employees. The Public Works Director has the power, when authorized by the City Manager, to appoint and remove, subject to the merit principle of personnel administration as provided for in the Charter of the city, all subordinates under their supervision.

(5) Maintenance of equipment. The Public Works Director is responsible for the proper maintenance of all city property and equipment used in the Public Works Department.

(6) Cooperation with other departments. The Public Works Director will furnish, at the direction of the City Manager, any other department of the city those services, labor, and materials as may be requisitioned by the head of that other department and as the facilities of the Public Works Department permit through the same procedure and subject to the same audit and control as other expenditures are incurred.

(7) Records. The Public Works Director establishes and maintains a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper control of the activities of the Public Works Department.

(B) Duties. It is the management duty of the Public Works Director to be responsible for all matters relating to the construction, maintenance, and operation of the physical plants of the city.

(Ord. 919-C.S., passed 9-7-21)

(A) Services.

(1) Water and wastewater. Construct, maintain, and repair all facilities and systems necessary for the efficient treatment and distribution of potable water throughout the city, as well as the collection, treatment, and discharge of wastewater.

(2) Stormwater. Construct, maintain, and repair all facilities and systems necessary for the effective collection, treatment as needed, and discharge of stormwater.

(3) Engineering services. Perform all engineering services for the city, including those indicated in this code to be the responsibility of the City Engineer. The City Manager may, subject to the approval of the City Council, contract with a third party to provide such services for the city, or may hire a city employee to serve as the City Engineer. In either case, the City Engineer is immediately responsible to the Director of Public Works, though this must not be interpreted as creating direct influence over the independent exercise of engineering judgement on the part of the City Engineer.

(4) Records. Establish and maintain a system of filing and indexing maps, plats, profiles, field notes, and other records and reports belonging to the city pertaining to the activities and work of the Department in sufficient detail to furnish all information necessary for the proper administration of the Department.

(5) Street-lighting facilities. Administer the city's street-light program and coordinate with the utility company for installation and operation of the street-light system.

(6) Inspection services. Provide inspection services for all public construction improvements and enforce the city's standard specifications; and issue all permits for and inspect the work involved in the construction of public improvements and all work done under the provisions of the laws of the city.

(7) Traffic services. Supervise the installation and operation of traffic safety devices for the use and control of traffic and parking on the city streets. Establish and maintain a system of filing records pertaining to traffic and publish periodic reports of pertinent data for the city's use with recommended changes when necessary.

(8) Duties required by state law. Discharge the duties required of the Public Works Director by state law.

• (B) Operations.

(1) Street maintenance. Supervise and direct the repair, maintenance, and uses of all city streets, drains, and alleys.

(2) Off-street parking. Maintain all municipal off-street parking lots and areas.

(3) Central garage. Supervise the operation of the central garage and corporation yard. Maintain the fleet lease equipment owned by the city.

(4) Code enforcement. Supervise the enforcement of the Municipal Code and any other regulations adopted by the City Council, working with other departments and, when necessary, the City Attorney, to enforce or otherwise remedy violations. For the purposes of this section, the Director of Public Works has the same authority as the Fire Chief, Director of Community Development, or Building Official.

Code enforcement. Supervise the enforcement of the Municipal Code and any other regulations adopted by the City Council, working with other departments and, when necessary, the City Attorney, to enforce or otherwise remedy violations. For the purposes of this section, the Director of Public Works has the same authority as the Fire Chief, Director of Community Development, or Building Official.

(C) Pest control. Control and attempt to eliminate all rodents, insects, and pests capable of carrying disease and annoyance to residents of the city either under contract with the Humboldt County Health Department or through other recognized pest control methods.

• (Ord. 919-C.S., passed 9-7-21)